During the Malla period, when the Newa people living in the valley that now hosts the capital of the Federal Democratic Republic of Nepal were enduring a prolonged famine and drought, relief came through divinity.
Based on the advice of tantric practitioners and astrologers, Lord Bungadyaḥ (also known as Avalokiteswara, Lokeshwara, Matsyendranath or Karunamaya) was brought to the Valley. Soon after, rainfall began and the famine ended.
Although the name may not be widely familiar, Lord Bungadyaḥ (so called because the deity's temple was established in Bungamati, south of Lalitpur) is one of the most important divinities in the Kathmandu Valley. Its symbolism extends far beyond the Valley, transcending the political boundaries of modern Nepal.
Popularly known as Rato Machhindranath, Lord Bungadyaḥ is worshipped by many names, including the god of rain, the god of coexistence and the god of the people.
Every year, beginning on Baisakha Sukla Pratipada of the month of Baisakh, the chariot procession of Lord Bungadyaḥ is held.
Since time immemorial, the Newa civilization has preserved many ancient traditions deeply rooted in faith and devotion to Lord Bungadyaḥ.
According to local belief and national pride, this chariot procession is considered Nepal's longest jatra.
This remarkable mosaic of cultural, religious and mythological heritage, safeguarded by the Indigenous Newa community—which, by customary rights, constitutes a distinct nationality—has played a vital role in sustaining people's lives into the modern era.
Khokana, a serene and almost idyllic farming community just a few kilometres from the Ring Road in Lalitpur District, is widely regarded as the cradle of Newa civilization.
It is one of the oldest settlements in the Kathmandu Valley, dating back to the Gopal dynasty, the first recorded ruling dynasty of the Valley.
It is here that the captivating Sikali dance, one of Nepal's most revered masked performances, has been performed annually since ancient times.
Khokana also hosts some of the most significant segments of the Sikali Jatra procession.
For this reason, the land in and around Khokana is sacred and of extraordinary cultural value. Khokana's civilization is believed to have originated in the Ku:desh area near the Shikali Temple along the Bagmati River. Local traditions say the settlement expanded when members of the Jyapu community migrated from Ku:desh.
It is believed that Khokana existed even before Lokeshwara Matsyendranath was brought from Assam during the reign of King Narendra Dev (643–679 AD). Later, in the 15th century, King Amara Malla built the Rudrayani Temple to combat a cholera outbreak, and Khokana became known as Jitapur.
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Because of its rich historical, religious, archaeological and even biological heritage, Khokana was included on UNESCO's World Heritage Tentative List in 1996.
Moreover, along with its ancient settlements, Khokana is internationally recognized for its traditional cooperative-based mustard oil production system, which has been collectively maintained for more than 700 years.
Protecting and promoting such settlements is a shared responsibility of citizens as well as local, provincial and federal governments.
Unfortunately, this invaluable heritage is under threat, and the protection it deserves risks never being fully enforced.
On June 17, the federal government republished a land acquisition notice for Bungamati and Khokana for the construction of the national priority expressway, also known as the Tarai-Kathmandu/Madhesh Fast Track.
The notice concerns the long-standing controversy surrounding the project's so-called "zero point"—the official starting point of the expressway.
This has remained the central point of disagreement between the authorities constructing the road and the Indigenous Newa communities of Bungamati and Khokana, leading to sustained protests.
After years of community opposition, it appeared that the original plan to locate the zero point in Khudol, Khokana, would be abandoned when then Interim Prime Minister Sushila Karki instructed officials to relocate it further south to the Farsidol area of Bungamati.
The communities welcomed the directive, although the proposed alternative location still raised concerns.
However, under the latest project notice, the zero point would once again begin in the Khudol area of Khokana, with the expressway passing through Bungamati, an area of immense cultural, religious and historical significance.
As currently designed, the Fast Track would destroy intangible cultural traditions while dispossessing hundreds of families of the land on which their livelihoods depend.
If the current plan proceeds, the zero point and related infrastructure would destroy important Guthi lands, including Kumari Khyo—where rituals are performed twice a year for the Living Goddess Kumari—and Baa:ha Khyo, where people celebrate after bringing the soul of Karunamaya from Katuwal Dah to Bungamati and Lalitpur during the Bungadyah Jatra.
The road would also threaten cremation grounds in Khokana that have been used by the Indigenous Newa community since time immemorial.
The Indigenous Newa communities have negotiated in good faith, guided by pride in their traditions as well as a firm belief in the rule of law and social justice.
Most importantly, a viable alternative for the zero point already exists and has been presented during discussions.
Yet no agreement has been reached that would allow Nepal to pursue prosperity while preserving its invaluable Indigenous heritage.
The issue has reached national institutions—including the National Human Rights Commission, the Department of Archaeology and the Supreme Court—as well as international bodies such as the ILO, UNESCO and the UN Special Procedures under the UN Human Rights Council.
Despite repeated discussions and written requests by affected communities to the Government of Nepal, including the Prime Minister, ministries and project authorities, no meaningful resolution has been achieved.
A committee formed under the Ministry of Defence—while the Nepal Army has overseen construction—previously sought recommendations to resolve the dispute.
Following consultations and public hearings, Lalitpur Metropolitan City recommended that the Ministry of Defence relocate the zero point from Khokana and Bungamati to Dukuchhap in Godawari Municipality.
Likewise, the Indigenous Nationalities Commission made valuable recommendations that, if fully implemented, could resolve the dispute while allowing Nepal to proceed with one of its most important infrastructure projects.
Among its key recommendations was relocating the zero point from Khokana to Dukuchhap because the current alignment threatens cultural and religious heritage and requires land acquisition that harms local communities.
Similarly, in a letter submitted to the National Human Rights Commission on July 15, 2021, the Department of Archaeology stated that both the original and revised Fast Track alignments through Khokana and Bungamati would damage important tangible and intangible heritage, including Guthi lands, religious sites, cemeteries and archaeological areas. The department further noted that no such heritage would be affected if the route were shifted to Dukuchhap.
This alternative enjoys the full support of the Indigenous Newa communities.
The Indigenous Nationalities Commission also emphasized that Indigenous communities maintain deep connections with their ancestral lands and natural resources, and that their Free, Prior and Informed Consent (FPIC) must be obtained before such projects proceed.
The destruction of Khokana's cultural, religious and archaeological heritage would directly undermine the community's identity, culture and livelihoods, raising serious constitutional concerns.
The state has a constitutional and legal obligation to protect these rights.
Furthermore, several other major infrastructure projects—including the Outer Ring Road, high-voltage transmission lines, the Smart City project, the petroleum pipeline and the proposed Raxaul-Kathmandu railway—would further erode the area's cultural, religious, historical and archaeological heritage.
Where are justice and the rule of law if these projects proceed through forced land acquisition that results in the displacement of Indigenous peoples and the destruction of their heritage?
We must remember that Indigenous Peoples possess customary rights over their traditional lands and natural resources, and the state has a legal obligation to protect and promote those rights.
If the federal government truly seeks transformative national development, it cannot trample the fundamental rights and heritage of thousands of Indigenous Newa people.
The Fast Track cannot move forward without fundamentally rethinking the location of its zero point.
Prime Minister Balendra Shah should intervene and end this prolonged and regrettable disregard for history, religion and tradition in the name of development.
The current deadlock is unjustifiable.
A solution already exists—one that respects the historical worship of Lord Bungadyaḥ.
The Indigenous Peoples stand ready to help implement that solution.
The Fast Track could one day be remembered as a symbol of injustice, the erosion of the rule of law and a grave violation of Indigenous rights.
Or it could become a model of inclusive development—one that meets Nepal's infrastructure needs while respecting the inalienable rights and cultural heritage of the Newa people of Bungamati and Khokana, and of the wider Kathmandu Valley.
The question remains: Will Prime Minister Balendra Shah choose the path of inclusive development by relocating the Fast Track's zero point to Dukuchhap?
